David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Criminal Justice Ethics 23 (2):25-38 (2004)
I argue that R.A. Duff’s and Sandra Marshall’s liberal-communitarian justification for punishment doesn’t account for a troubling kind of subordination that results from communicative punishment. Communicative punishment requires a specific interpretation of the nature of the wrong. I focus on victims with incorrect but plausible interpretations of the wrong they’ve suffered to illustrate how a victim’s view a community or other’s view. In the end, I suggest that conceptualizing wrongs as against individuals in relations, rather than as members of communities with shared values, minimizes this kind of subordination.
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